STOP COWARD STRIKES.

Queensland Law Reform Campaign

A COMMUNITY CALL FOR STRONGER LAWS

STRENGTHEN THE LAW.

THE ACT SHOULD MATTER — NOT JUST THE OUTCOME.

Imagine someone is suddenly struck when they have no warning, no chance to protect themselves and no opportunity to defend themselves.

One moment, they are going about their life.

The next, they are on the ground. Maybe unconscious. Possibly dying.

The consequences can be devastating — serious brain injury, permanent disability, lifelong psychological trauma or even death.

But what happens if the victim survives?

Queensland already has laws dealing with assault, bodily harm and grievous bodily harm.

But we believe the law should do more to recognise the way a serious assault is deliberately committed.

WHAT IS A “COWARD STRIKE”?

A coward strike (including coward punch or other strikes) is a sudden, unexpected, unprovoked, and unlawful blow, usually delivered to the head or neck of an unsuspecting victim, often from behind and without warning.

It is described as a "cowardly act" because the perpetrator strikes without warning, giving the victim no opportunity to prepare or defend themselves.

As it is a forceful blow delivered without warning, it often knocks the victim unconscious, which creates great risk of further head trauma if they fall and hit the ground.

A coward strike is a cowardly act.

We are proposing that Queensland law recognise Coward Strike as a statutory circumstance of aggravation.

In simple terms, it would apply to an intentional and unlawful strike against a person who is unaware of the impending attack or is otherwise unable to reasonably anticipate or defend against it.

It could include a punch, kick, elbow, headbutt or any other deliberate strike.

It is about the circumstances of the attack — not just the type of strike.

And it should not be dependent on the outcome.

It would not apply to lawful self-defence.

WHY DOES IT MATTER?

Because not every assault is committed in the same way.

There is a difference between an assault where two people knowingly confront each other compared to an attack deliberately carried out against someone who is unaware, unprepared and/or has no reasonable opportunity to see it coming or protect themselves.

The law already recognises that certain circumstances surrounding an offence can make it more serious.

We believe an assault by Coward Strike should be treated the same way.

Not as a replacement for existing assault laws.

But as an additional legal aggravating factor that reflects the increased danger and culpability of the act.

WHAT ARE WE ASKING FOR?

We are asking the Queensland Parliament to:

1. Define “Coward Strike” in Queensland legislation

2. Recognise it as an extra statutory circumstance of aggravation for relevant serious assaults

3. Require a proven Coward Strike to be treated as a significant aggravating factor when sentencing

4. Provide substantially stronger sentencing options for qualifying Coward Strike offences

5. Consider appropriate minimum sentencing provisions for serious cases and repeat offenders

We are not asking to change, remove or weaken any existing laws or legislation.

Keep all existing assault and grievous bodily harm laws as they are

Keep Queensland's existing unlawful-striking-causing-death law

Protect lawful self-defence

WHY NOW?

Since 2000 more than 170 people have been killed by Coward Strikes in Australia.

And there have been thousands more victims of non-fatal cowardly assualts that are not reported and recorded as coward strikes so therefore not part of official figures.

We believe the outcome should not be the only thing that matters.

If an offender deliberately launches an unexpected attack, the danger created by that decision exists before we know what the final outcome will be.

One victim may survive. Another may suffer life changing injuries. Another may die.

The difference in outcome can sometimes come down to circumstances and luck.

The dangerous act was still deliberate, and the perpartrator should be charged for the act, not just the outcome.

WANT TO KNOW MORE?

Read the full Coward Strike Law Reform Proposal

Discover the proposed legal definition, how the aggravating factor could work, sentencing considerations, safeguards and how it could operate alongside Queensland's existing laws.

THE ACT SHOULD MATTER
NOT JUST THE OUTCOME.

STOP COWARD STRIKES.

STRENGTHEN THE LAW.

BE PART OF THE SOLUTION. HELP SAVE SOMEONES LIFE.

Important note: This document is a community law-reform proposal and is not intended to constitute legal advice or final legislative drafting. Any proposed amendment should be reviewed and drafted by appropriately qualified Queensland criminal-law and legislative-drafting professionals.